6th Report of Market Access Ombudsman Council (March 16, 2000)

3-(6) Report of committee studying regulations on trailer homes

1. Agency concerned: Economic Planning Agency

2. Background:

(1) Because large towed trailer homes are not very common in Japan, their legal position is not clear. Some authorities consider them "vehicles," since they have wheels, and are able to move on roads, whereas others consider them "buildings," since they remain in a certain location and are used there for a certain period of time. When trailer homes are treated as vehicles, they come under the provisions of the Road Transport Vehicle Law. When treated as buildings, some trailer homes which, based on their size, configuration, state of installation are judged capable of moving voluntarily at any time, were judged as not coming under the provisions of the Building Standards Law. This is informed by a directive from the Ministry of Construction in March 1997 to all concerned parties.

(2) In the comprehensive review of work on complaints before the OTO carried out in 1998, the issuance of this directive was regarded as a positive step. However, this alone is insufficient and the interpretations of businesses and of government bureaucrats as to the legal position of trailer homes regarding location of installation and aim of installation continue to differ, leading to on-site disputes concerning application of the law.

(3) Given these circumstances, the OTO decided in December 1998 to establish a study committee which would report to MAOC during 1999. In February 1999, a study committee concerning regulations on trailer homes was established within the OTO Liaison and Coordinating Committee and presented a report to MAOC in December 1999.

3. Contents of report:

(1) The study committee determined that the issue requiring urgent action is whether all trailer homes at campgrounds are buildings. Under current laws, trailer homes themselves are not immediately considered buildings, their classification being determined by type of use and so on.

(2) Confusion over application of the Ministry of Construction's directive on trailer homes arises because in areas earmarked for urban development under the Urban Planning Law, some businesses have argued that "trailer homes used at campgrounds are not buildings" and that zoning-based restrictions on usage applicable if trailer homes were ordinary buildings do not apply.

(3) In urban areas, if trailer homes are used for various types of operations, such operations should be carried out after obtaining verification of construction as a building, in the zoning area for which such operations are allowed. The Report of the Study Committee Concerning Regulations on Trailer Homes will be sent to local public bodies, and to other organizations connected with trailer homes, in order to once again inform the parties concerned of the intent of the Ministry of Construction's directive.

(4) From this study it became clear that in Japan, there are relatively few examples of usage of trailer homes. It is too early to introduce new laws and it is appropriate to deal with the issue within the framework of existing laws for the time being.

(5) As of 1998, there were approximately 230,000 recreational vehicles (RVs) with accommodation facilities in Japan (US shipments of RVs totaled approximately 450,000 yearly in 1998), most of which are self-propelled RVs. Most camper-trailers in Japan in the past few years are imported. In Japan, the participation rate in automobile camping among persons aged 15 and over is approximately 6% of the total population (in the US, an estimated 52.80 million people take part annually), and the total average length of stay per year is 1.6 nights, which is quite short (approximately 10 days in the US). Automobile camping has spread and expanded rapidly since the 1990s, but the main style of camping is vehicle + tent.

(6) The study committee concerning regulations on trailer homes. will continue to exist and will report on matters studied to MAOC in the future as necessary.

4. Results of deliberation:

Concerning the application of existing laws to new products, there are always 'gray zones', and at this point unforeseen difficulties may arise concerning the use of trailer homes for camping in the future. For the time being, although it may be too early to make new laws or establish public standards concerning trailer homes, legal research concerning trailer homes should be continued.

Based on the above, the ministries and agencies concerned should take the following measures to prevent confusion at the stage of applying the Ministry of Construction's directive on trailer homes before it occurs, and to promote the healthy growth of the trailer home market and create an environment conducive to promoting imports.

The Report of the Study Committee Concerning Regulations on Trailer Homes has been sent to local public bodies, and to other organizations connected with trailer homes, but efforts should be made to prevent confusion at the stage of applying the Ministry of Construction's directive on trailer homes before it occurs, by sending out the Report once more to inform all parties thoroughly. The study committee should continue to exist within the OTO Liaison and Coordinating Committee and report to MAOC on matters studied in the future as necessary.

Government decision (March 21, 2000)

3-(6) Regulations on trailer homes

To preempt confusion at the stage of applying the Ministry of Construction's directive on trailer homes, and to promote the healthy growth of the trailer home market, the following measures will be taken to create an environment conducive to promoting imports.

(1) The Report of the Study Committee Concerning Regulations on Trailer Homes will been sent to local public bodies, and to other organizations connected with trailer homes, to inform all concerned parties thoroughly. The study committee will continue to exist within the OTO Liaison and Coordinating Committee and report to MAOC on matters it has studied in the future as necessary.